August 30, 2010
Roane judge dismisses priest's 1991 molestation charges
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CHARLESTON, W.Va. -- A Roane County Circuit judge has dismissed all charges against a Catholic priest from Cincinnati who was accused of molesting a 10-year-old boy in 1991.

Robert F. Poandl had been scheduled to go to trial on Monday. On Friday, Judge David W. Nibert dismissed all charges against Poandl, including first-degree sexual assault, first-degree sexual abuse and sexual abuse by a parent, guardian or custodian, with prejudice, meaning that they cannot be re-filed.

In January, a Roane County grand jury indicted Poandl, charging the 68-year-old priest with molesting the alleged victim at the Holy Redeemer Catholic Church in Spencer in August 1991.

Nibert's ruling gives Roane County prosecutor Josh Downey 90 days to appeal the ruling to the state Supreme Court. Downey did not immediately return a phone call seeking comment.

Nibert ruled from the bench following an all-day hearing on Friday, said Anita H. Ashley, one of Poandl's defense attorneys.

In June, Nibert had ordered the accuser to authorize his medical providers to disclose certain records to him, she said. Some records were turned over, but not a full and complete disclosure, she said.

"It became apparent that there were several of those medical records that were missing, that [the judge] decided may well have been exculpatory," Ashley said. "He basically said that the accuser had manipulated the evidence, basically that he could not trust him based on his history. He had no trust in his ability to make a fair and honest disclosure."

Ashley said that with the exception of several adoption cases she has handled in her nearly 30 years as an attorney, this was the most satisfying result of her career.

"From the beginning it was clear to me that this man was innocent," she said. "I commend the judge for making this ruling, which is clearly the right ruling."

Ashley provided the Gazette with a copy of a letter that Poandl wrote to the priest and parishioners of the Holy Redeemer parish in Spencer, written Saturday before Poandl left for New Jersey to be with his family.

Poandl thanked them for their prayers and kindness.

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Roane judge dismisses priest's 1991 molestation charges

CHARLESTON, W.Va. -- A Roane County Circuit judge has dismissed all charges against a Catholic priest from Cincinnati who was accused of molesting a 10-year-old boy in 1991.

Robert F. Poandl had been scheduled to go to trial on Monday. On Friday, Judge David W. Nibert dismissed all charges against Poandl, including first-degree sexual assault, first-degree sexual abuse and sexual abuse by a parent, guardian or custodian, with prejudice, meaning that they cannot be re-filed.

In January, a Roane County grand jury indicted Poandl, charging the 68-year-old priest with molesting the alleged victim at the Holy Redeemer Catholic Church in Spencer in August 1991.

Nibert's ruling gives Roane County prosecutor Josh Downey 90 days to appeal the ruling to the state Supreme Court. Downey did not immediately return a phone call seeking comment.

Nibert ruled from the bench following an all-day hearing on Friday, said Anita H. Ashley, one of Poandl's defense attorneys.

In June, Nibert had ordered the accuser to authorize his medical providers to disclose certain records to him, she said. Some records were turned over, but not a full and complete disclosure, she said.

"It became apparent that there were several of those medical records that were missing, that [the judge] decided may well have been exculpatory," Ashley said. "He basically said that the accuser had manipulated the evidence, basically that he could not trust him based on his history. He had no trust in his ability to make a fair and honest disclosure."

Ashley said that with the exception of several adoption cases she has handled in her nearly 30 years as an attorney, this was the most satisfying result of her career.

"From the beginning it was clear to me that this man was innocent," she said. "I commend the judge for making this ruling, which is clearly the right ruling."

Ashley provided the Gazette with a copy of a letter that Poandl wrote to the priest and parishioners of the Holy Redeemer parish in Spencer, written Saturday before Poandl left for New Jersey to be with his family.

Poandl thanked them for their prayers and kindness.

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